Legal Question in Construction Law in New York

A General Contractor orders some equipment for a project and has the equipment shipped to the sub-contractor warehouse (i.e. - the sub-contractor leases space in the warehouse - they do not own the warehouse or the property).

Does the General Contractor have the right to retrieve the equipment - that the GC ordered - from the sub-contractor's warehouse if the sub-contractor tries to keep the material that was delivered?


Asked on 12/18/13, 12:27 pm

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

When the goods were stored in the warehouse, who got the warehousman's receipt? Is it a negotiable or non-negotiable receipt? IS THIS A REAL CONTROVERSY OR ARE JUST ASKING QUESTIONS? If your materials are being withheld and you do not hold the receipt and the goods were consigned to the subcontractor. your only way to get the goods in the face of resistance is to being an action of replevin and ask for an order of seizure.

Very pricy. I would not touch a replevin action without an up-front retainer of at least $20,000, and you will need to post a bond for at least 110% of the value of the equipment.

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Answered on 12/18/13, 5:49 pm


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